"Well, then, if you know me, I have a right to know from you in return, what warrant you have for detaining me; that, I know, is the right of every British subject."

"Warrant!" said the jailor,--"the warrant's awa to Libberton wi' twa sheriff officers seeking ye. If ye had staid at hame, as honest men should do, ye wad hae seen the warrant; but if ye come to be incarcerated of your ain accord, wha can help it, my jo?"

"'So I cannot see Effie Deans, then," said Butler; "and you are determined not to let me out?"

"Troth will I no, neighbour," answered the old man, doggedly; "as for Effie Deans, ye'll hae eneuch ado to mind your ain business, and let her mind hers; and for letting you out, that maun be as the magistrate will determine. And fare ye weel for a bit, for I maun see Deacon Sawyers put on ane or twa o' the doors that your quiet folk broke down yesternight, Mr. Butler."

There was something in this exquisitely provoking, but there was also something darkly alarming. To be imprisoned, even on a false accusation, has something in it disagreeable and menacing even to men of more const.i.tutional courage than Butler had to boast; for although he had much of that resolution which arises from a sense of duty and an honourable desire to discharge it, yet, as his imagination was lively, and his frame of body delicate, he was far from possessing that cool insensibility to danger which is the happy portion of men of stronger health, more firm nerves, and less acute sensibility. An indistinct idea of peril, which he could neither understand nor ward off, seemed to float before his eyes.

He tried to think over the events of the preceding night, in hopes of discovering some means of explaining or vindicating his conduct for appearing among the mob, since it immediately occurred to him that his detention must be founded on that circ.u.mstance. And it was with anxiety that he found he could not recollect to have been under the observation of any disinterested witness in the attempts that he made from time to time to expostulate with the rioters, and to prevail on them to release him. The distress of Deans's family, the dangerous rendezvous which Jeanie had formed, and which he could not now hope to interrupt, had also their share in his unpleasant reflections. Yet, impatient as he was to receive an _e'clairciss.e.m.e.nt_ upon the cause of his confinement, and if possible to obtain his liberty, he was affected with a trepidation which seemed no good omen; when, after remaining an hour in this solitary apartment, he received a summons to attend the sitting magistrate. He was conducted from prison strongly guarded by a party of soldiers, with a parade of precaution, that, however ill-timed and unnecessary, is generally displayed _after_ an event, which such precaution, if used in time, might have prevented.

He was introduced into the Council Chamber, as the place is called where the magistrates hold their sittings, and which was then at a little distance from the prison. One or two of the senators of the city were present, and seemed about to engage in the examination of an individual who was brought forward to the foot of the long green-covered table round which the council usually a.s.sembled. "Is that the preacher?" said one of the magistrates, as the city officer in attendance introduced Butler. The man answered in the affirmative. "Let him sit down there for an instant; we will finish this man's business very briefly."

"Shall we remove Mr. Butler?" queried the a.s.sistant.

"It is not necessary--Let him remain where he is."

Butler accordingly sate down on a bench at the bottom of the apartment, attended by one of his keepers.

It was a large room, partially and imperfectly lighted; but by chance, or the skill of the architect, who might happen to remember the advantage which might occasionally be derived from such an arrangement, one window was so placed as to throw a strong light at the foot of the table at which prisoners were usually posted for examination, while the upper end, where the examinants sate, was thrown into shadow. Butler's eyes were instantly fixed on the person whose examination was at present proceeding, in the idea that he might recognise some one of the conspirators of the former night. But though the features of this man were sufficiently marked and striking, he could not recollect that he had ever seen them before.

The complexion of this person was dark, and his age somewhat advanced. He wore his own hair, combed smooth down, and cut very short. It was jet black, slightly curled by nature, and already mottled with grey. The man's face expressed rather knavery than vice, and a disposition to sharpness, cunning, and roguery, more than the traces of stormy and indulged pa.s.sions. His sharp quick black eyes, acute features, ready sardonic smile, prompt.i.tude and effrontery, gave him altogether what is called among the vulgar a _knowing_ look, which generally implies a tendency to knavery. At a fair or market, you could not for a moment have doubted that he was a horse-jockey, intimate with all the tricks of his trade; yet, had you met him on a moor, you would not have apprehended any violence from him. His dress was also that of a horse-dealer--a close-b.u.t.toned jockey-coat, or wrap-rascal, as it was then termed, with huge metal b.u.t.tons, coa.r.s.e blue upper stockings, called boot-hose because supplying the place of boots, and a slouched hat. He only wanted a loaded whip under his arm and a spur upon one heel, to complete the dress of the character he seemed to represent.

"Your name is James Ratcliffe?" said the magistrate.

"Ay--always wi' your honour's leave."

"That is to say, you could find me another name if I did not like that one?"

"Twenty to pick and choose upon, always with your honour's leave,"

resumed the respondent.

"But James Ratcliffe is your present name?--what is your trade?"

"I canna just say, distinctly, that I have what ye wad ca' preceesely a trade."

"But," repeated the magistrate, "what are your means of living--your occupation?"

"Hout tout--your honour, wi' your leave, kens that as weel as I do,"

replied the examined.

"No matter, I want to hear you describe it," said the examinant.

"Me describe!--and to your honour!--far be it from Jemmie Ratcliffe,"

responded the prisoner.

"Come, sir, no trifling--I insist on an answer."

"Weel, sir," replied the declarant, "I maun make a clean breast, for ye see, wi' your leave, I am looking for favour--Describe my occupation, quo' ye?--troth it will be ill to do that, in a feasible way, in a place like this--but what is't again that the aught command says?"

"Thou shalt not steal," answered the magistrate.

"Are you sure o' that?" replied the accused.--"Troth, then, my occupation, and that command, are sair at odds, for I read it, thou _shalt_ steal; and that makes an unco difference, though there's but a wee bit word left out."

"To cut the matter short, Ratcliffe, you have been a most notorious thief," said the examinant.

"I believe Highlands and Lowlands ken that, sir, forby England and Holland," replied Ratcliffe, with the greatest composure and effrontery.

"And what d'ye think the end of your calling will be?" said the magistrate.

"I could have gien a braw guess yesterday--but I dinna ken sae weel the day," answered the prisoner.

"And what would you have said would have been your end, had you been asked the question yesterday?"

"Just the gallows," replied Ratcliffe, with the same composure.

"You are a daring rascal, sir," said the magistrate; "and how dare you hope times are mended with you to-day?"

"Dear, your honour," answered Ratcliffe, "there's muckle difference between lying in prison under sentence of death, and staying there of ane's ain proper accord, when it would have cost a man naething to get up and rin awa--what was to hinder me from stepping out quietly, when the rabble walked awa wi' Jock Porteous yestreen?--and does your honour really think I staid on purpose to be hanged?"

"I do not know what you may have proposed to yourself; but I know," said the magistrate, "what the law proposes for you, and that is, to hang you next Wednesday eight days."

"Na, na, your honour," said Ratcliffe firmly, "craving your honour's pardon, I'll ne'er believe that till I see it. I have kend the law this mony a year, and mony a thrawart job I hae had wi' her first and last; but the auld jaud is no sae ill as that comes to--I aye fand her bark waur than her bite."

"And if you do not expect the gallows, to which you are condemned (for the fourth time to my knowledge), may I beg the favour to know," said the magistrate, "what it is you _do_ expect, in consideration of your not having taken your flight with the rest of the jail-birds, which I will admit was a line of conduct little to have been expected?"

"I would never have thought for a moment of staying in that auld gousty toom house," answered Ratcliffe, "but that use and wont had just gien me a fancy to the place, and I'm just expecting a bit post in't."

"A post!" exclaimed the magistrate; "a whipping-post, I suppose, you mean?"

"Na, na, sir, I had nae thoughts o' a whuppin-post. After having been four times doomed to hang by the neck till I was dead, I think I am far beyond being whuppit."

"Then, in Heaven's name, what _did_ you expect?"

"Just the post of under-turnkey, for I understand there's a vacancy,"

said the prisoner; "I wadna think of asking the lockman's* place ower his head; it wadna suit me sae weel as ither folk, for I never could put a beast out o' the way, much less deal wi' a man."

* Note H. Hangman, or Lockman.

"That's something in your favour," said the magistrate, making exactly the inference to which Ratcliffe was desirous to lead him, though he mantled his art with an affectation of oddity.

"But," continued the magistrate, "how do you think you can be trusted with a charge in the prison, when you have broken at your own hand half the jails in Scotland?"

"Wi' your honour's leave," said Ratcliffe, "if I kend sae weel how to wun out mysell, it's like I wad be a' the better a hand to keep other folk in. I think they wad ken their business weel that held me in when I wanted to be out, or wan out when I wanted to hand them in."

The remark seemed to strike the magistrate, but he made no further immediate observation, only desired Ratcliffe to be removed.

When this daring and yet sly freebooter was out of hearing, the magistrate asked the city clerk, "what he thought of the fellow's a.s.surance?"